A man who is alleged to have exerted undue pressure on his elderly mother to sign a lease regarding a mews at the rear of her home at Fitzwilliam Square in Dublin later told another person he had demolished the second floor of the mews building to ensure his mother would have no rights on the property, the High Court was told yesterday.
Mr Justice Thomas Smyth yesterday continued hearing proceedings arising from a bitter dispute between Renee ffrench O'Carroll and her youngest son, Arthur, over the lease, and subsequent demolition and development of the mews property at Pembroke Lane, which now houses a top Dublin restaurant.
In evidence yesterday, Paul ffrench O'Carroll said he was once told that his brother Arthur was taking action in order to stop his mother having any say over the property. When building work started in the late 1990s regarding the mews, a mutual acquaintance of his and Arthur's had inquired what was going on with the mews, he said. That person, now deceased, had also told him that Arthur had said he had demolished the second floor of the mews building to ensure his mother had no rights on the property.
Renee ffrench O'Carroll, a mother of five, has claimed Arthur had exerted undue influence on her in getting her to sign a lease for development of the mews premises and that she was shocked and very annoyed to later see the mews demolished without her consent.
The claims are denied by Arthur ffrench O'Carroll, Wellington Place, Clyde Road, Ballsbridge. He denies that he exerted undue influence on his mother to execute a 99-year lease of April 19th, 1989, assigning to him the mews premises.
He has brought an appeal to the High Court against the Circuit Court decision last year which found the signing by Ms ffrench O'Carroll in 1989 of the disputed lease was procured by undue influence and that the lease was therefore null and void.
Cross-examined by George Brady SC, for Arthur, Paul ffrench O'Carroll said he was neither involved in nor aware of any arrangements about the property.
Also yesterday, John Territt, a solicitor, told the court he had represented Ms ffrench O'Carroll. He described her as somebody who knew what she was doing as she had dealt with property over the years. She was "not a novice", he said.
He had spoken to her over a draft lease for the mews property in early 1995, he said. Initially, she had concerns over the details of that agreement and wanted it amended. After he advised her, she subsequently informed him that she had come to an agreement with Arthur and was entering into a 99-year lease.
The case continues today before Mr Justice Thomas Smyth.